I live in chicago and I got admission to study at a university in Ft.
Lauderdale, FL. During this time, I was on a wait list to be admitted
to a university in Chicago.

On August 2nd I signed an apartment lease agreement in Ft. Lauderdale,
FL with a roommate who was going to the same university. Thus, both of
our names are on the lease agreement. My roommate already knew in
verbal terms that I was on the wait list for the university in
Chicago.

On August 9th I got the confirmation of my admission to the university
in Chicago.  I decided to move back to home in Chicago. In doing so, I
signed a Roommate Release Addendum agreement as per the apartment
manager's request.

This Roommate Release Addendum form quoted "I NAME am moving out of
the apt 203 effective 8/10/06. I forfeit my portion of security
deposit right and all responsibilities to ROOMMATE NAME. I no longer
will have access to apt 203 located in Ft Lauderdale, FL"

On the other section of the form that was supposed to be signed by the
roomate it stated:
I ROOMMATE NAME, hereby take full responsibility for the remainder of
the lease term at above said apartment

I signed my portion along with the apartment manager's signature but 
my roommate did not sign this Roommate Release Addendum. When I asked
the apartment manager about the second signature on this form, I was
told that it would be mandatory for the roommate to sign if she needs
the rent to be shared. Otherwise she will have to pay the full rent on
the apartment.

In addition while leaving, I did not take my share of the money that I
invested in the apartment for furniture etc.

Now, today on September 15, I received a letter from my ex-roommate
stating for reimbursing a portion of the rent that she fully paid for
the month of August. Also, the same roommate wants the share of the
money for october also. This letter  ends with "If I don't receive
payment by that date, I'll promptly file this case in court".

My question is:
Since I already signed the Roommate Release Addendum and do not live
in Ft. Lauderdale at all, am I responsible for a portion of the rent ?

Is this a valid case ?

Do we have to reply to the letter that was sent by the ex-roommate ?

---

Request for Question Clarification by cynthia-ga on 27 Sep 2006 02:50 PDT

There's nothing about a Roommate Release Addendum that I can find on
the 'net, Google comes back empty!?!

Do you have a copy of the form you and the Apartment Manager signed? 
If not, call the apartment manager and ask for one. Your roommate has
no legal recourse because you didn't sign the lease _with him_.

The Addendum sounds as if the Apartment is letting you out of the
lease and that you gave up your portion of the security and cleaning
deposit. Since the lease you signed is with the Apartment, not your
old roommate, it is my opinion that you don't have a legal obligation
to pay the rent anymore. Your old roommate should have rented your old
room, or moved.

My opinion does not replace sound legal advice by a qualified attorney.

Andy FYI, I did get out of a lease once by moving out-of-state, it was
due to "circumstances beyond my control" in the state of Nevada.

In any event, call your old landlord and discuss the situation with
them. I'm sure they have been through this before.

There should have been two agreemements; the lease agreement with the
landlord and an agreement between you and your room mate spelling out
what would happen should either of you move out before the lease was
over.  It appears there was only the lease agreement.  What does that
agreement say about a situation such as this? Anything?  Was this a
lease of a private apartment or a apartment associated with the
college?  The release you signed is not bindingn on your room mate. If
they do not want to assume all the responsiblities of the lease - in
essence taking over your responsibilies - they are not obligated to do
so.  In most instances you would still be liable for your half of the
rent.  Of course, once you moved out the room mate should have made a
good faith effort to have another room mate.  Until then you are still
on the hook.  Legal action is another story.  This is a civil action
and you would have to be served with the lawsuit papers.  It does
matter that the room mate knew you might leave - what would happen in
that situation should have been agreed upon before you signed the
lease.

You are not allowed / able to get legal advise on these boards.

Please see a lawyer.

usrhlp.

Have you told your former roommate simply to sign his portion of the
release form so as to enable the manager rent out the other half?  The
manager may have wrongly assumed your roommate wants the entire
apartment to himself and perhaps, your roommate is unaware that
signing his portion, maintains his status quo, that he is only
obligated to pay his half, as has been.  That's my understanding.

That can't be the case, --the Apartment Manager is not going to
interview potential roommates and say "Here's your new roommate,
she'll be moving in tomorrow!"  The askers roommate friend knows the
drill, what she doesn't know is the the Apartment Manager has relieved
pm56 of her legal obligation to pay by way of the Roommate Release
Addendum.

I think our Questioner need to do 4 things:

1) Confirm with an attorney or simply by calling the old Apartment
Manager, that they won't be coming after her for half the rent.

2) Get the Apartment Manager to send two copies. Wait till they come in the mail.

3) Draft a letter to the old roommate (below) acknowledging the
received letter and informing her of her unfortunate misunderstanding.

4) Send it by certified mail to the old roommate AND send a copy to
the Apartment Manager.

==============
Example Letter
==============

Date

Return Name
Return Address
City, State, Zip 

Dear [old roommate name]

I am in receipt of your letter dated September 15, 2006. It is
unfortunate that you have not found another roommate to share the rent
with you. As you can see by the enclosed Roommate Release Addendum, I
have forfeited my share of the Security & Cleaning Deposit and have
been formally and legally released from the lease we signed when
moving into [name of Apartment Complex], unit #[insert #].

When you find a new roommate you will be required to sign the form,
but without your signature and a new person being added to the lease,
you are responsible for the entire rent amount of [insert $ amount of
rent] each month, in addition to all the utilities and cable
television.

Please keep in mind that when I signed the lease, I entered into a
legal contract with the Apartment Complex, not with you. I have been
relieved of my financial duty to pay half the rent by the holder of
the lease.

Thank you for understanding my position. I wish you all the best.

Sincerely, (Best Regards, Best Wishes),
pm56's Real Name


cc:
Apartment Complex Manager Name
c/o Apartment Complex Name
Complex Office Address
City State, Zip
================================

~~Cynthia